******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) PAGING PARTNERS, L.P. ) File No. 663029 ) PCP Station WPFM632 ) Request to Rescind Grant of a 900 MHz ) Private Carrier Paging License ) ORDER Adopted: September 22, 1999 Released: September 22, 1999 By the Chief, Policy and Rules Branch, Commercial Wireless Division, Wireless Telecommunications Bureau: 1. On December 13, 1994, Radiofone, Inc, (Radiofone) filed a request to rescind (Request) the grant of a license that was awarded to Paging Partners, LP (Paging Partners) on August 1, 1994 by the Land Mobile Branch (Branch) of the Private Radio Bureau. The Branch's decision authorized Paging Partners to use frequency 929.6375 under call sign WPFM632 in Fredericksburg, VA. An opposition to Radiofone's Request was filed by Paging Partners on December 29, 1994, and a response to Paging Partners' opposition was filed by Radiofone on January 10, 1995. For the reasons discussed below, we dismiss the Request filed by Radiofone because it was not timely filed. 2. While Radiofone characterizes its December 13, 1994 pleading as a request that the Commission rescind its grant of the 900 MHz carrier paging license awarded to Paging Partners, we find that Radiofone is effectively seeking reconsideration of the Branch's August 1, 1994 decision. Section 405(a) of the Communications Act of 1934, as amended provides that "a petition for reconsideration must be filed within thirty days from the date upon which public notice is given of the order, decision, report, or action complained of." The deadline for filing a petition for reconsideration of the Branch's decision, therefore, was August 31, 1994. Because Radiofone filed its Request on December 13, 1994, we dismiss the Request as untimely filed. 3. Accordingly, IT IS ORDERED that pursuant to authority delegated by sections 4(i) and 405 of the Communications Act, as amended, 47 U.S.C.  154(i), 405, and by sections 0.331 and 1.106 of the Commission's rules, 47 C.F.R.  0.3331, 1.106, the request to rescind the grant of a 900 MHz Private Carrier Paging License, filed by Radiofone, Inc. on December 13, 1994, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Paul D'Ari Policy and Rules Branch Commercial Wireless Division Wireless Telecommunications Bureau